Saturday, December 22, 2018

The legal aspect of BEO Agreement with Youths sent to Japan.

It is said that there are two Agreements according to information shared in fb on this much debated and hellish " Learn and Earn programme " sold by BEO in collusion with officials from Labour Ministry.

Usually Agreements are valid if signed by both Parties and witnessed and the terms do not contradict prevailing laws in force. All Agreements must have legal stamps in Bhutan to be considered legally binding. 

However, it is possible to nullify the 2nd Agreement executed between BEO and youths on the basis of it being executed  under " duress " if the same was indeed presented unexpectedly by BEO and compelled to be hurriedly executed by the youths on the day the youths were boarding the flight to Japan under the Learn and Earn Programne.

Based on the 1st Agreement executed between BEO and youths, the youths had taken loans and paid to BEO for Learn and Earn Programme promoted by BEO. In doing so, the youths had also foreclosed all other avenues for seeking different  job opportunities. All their relatives and friends were aware that the youths got employment opportunity in Japan  through BEO. Thus the youths were already fully committed to go to Japan having terminated all ties of job opportunities and other livelihood possibilities in Bhutan their home country.

These youths would have bid farewell to all including near and dear ones by the time it was the day to board the flight to Japan. Then BEO presents the departing youths with a 2nd Agreement. Unless it was agreed to and signed, the youths cannot take the flight to Japan. Such an ultimatum of no choice can be likened to a bride being presented with a fresh demand half way through the marriage ceremony. There just isn't the fraction of time and chance to look over the terms. One is already chained to consenting position. The storm hits the ship when one is already aboard the ship. To jump overboard is kind of sucide. Only under BEO terms, to cling onto the BEO ship turned out to be a course of gradual sucide.

Thus whatever the financial burden that youths have to bear and whatever profits BEO derived under the terms of the  1st Agreement, such would be legally binding as unholy as it so apoears. But the terms of 2nd Agreement cannot be binding upon the youths as the environmental circunstances governing the execution of the Agreement qualifies the  Agreenent executed under extreme " duress ". Inatead the BEO Partners and colkuders should be charged  for committing a crime of financial and moral rape in forcing such grievous terms upon their caged victims. 
 

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